Does an employer have to provide a modified work schedule to a pregnant employee with morning sickness or light duty to a pregnant employee with lifting restrictions?The answer depends on who you ask. Most federal courts say no, but the Equal Employment Opportunity Commission (EEOC) says yes. Fortunately for employers, resolution of this issue is on the horizon. On July 1, 2014, the United States Supreme Court agreed to decide the issue during its October 2014 term in Young v. United Parcel Service, Inc. The Supreme Court will decide whether employers that accommodate nonpregnant employees’ work limitations are required to do the same for pregnant employees with similar pregnancy-related limitations under the federal Pregnancy Discrimination Act (PDA). Although the Supreme Court will provide clarification on the issue under federal law, employers should be mindful that several states and cities, including New Jersey, New York City and Philadelphia, have laws which require employers to provide reasonable workplace accommodations to pregnant employees unless such accommodations would pose an undue hardship on the employer’s business. For now, one thing is certain—employers should pay particular attention to this issue because there is a growing trend in laws expanding the rights of pregnant women in the workplace.
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